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Question 8

2025 Bar · Criminal Law · 1 sub-question

8. A, a 25-year-old male, was charged with 44 counts of rape allegedly committed against X, a 22-year-old female and a deaf-mute. The Informations uniformly alleged that A “willfully, unlawfully, and feloniously had sexual intercourse with X who had a physical disability (hearing impairment)…” A contended that he and X were sweethearts and their sexual trysts were consensual. He added that X was an intelligent person capable of giving consent to their sexual activities. He further pointed out that the Informations did not even allege the element of force or intimidation. While the prosecution admitted that X was an intelligent person, it countered that under the law, being a deaf-mute, she was deemed a person “deprived of reason.” Is the prosecution correct? Reason(s).

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